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Yes, an employee can qualify for Family and Medical Leave Act (FMLA) leave if they have a serious health condition, such as Methicillin-resistant Staphylococcus aureus (MRSA), that prevents them from performing their job. MRSA infections can be severe and may require hospitalization or ongoing treatment, which can meet the criteria for FMLA. To be eligible, the employee must work for a covered employer and meet other FMLA requirements, including having worked a certain number of hours in the past year. It's advisable for the employee to provide appropriate medical documentation to support their FMLA request.
What else can I help you with?
Can an employer cancel company paid health insurance in California while the employee is on FMLA maternity leave?
Employers are required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. For example, if family member coverage is provided to an employee, family member coverage must be maintained during the employee’s FMLA leave.
Can your employee get FMLA while planning to resign?
As long as there is a VALID MEDICAL reason.
If an employee is on approved FMLA and retires does the FMLA continue or do they fall under COBRA?
An employer is required by federal law to provide FMLA benefits - 12 weeks of unpaid leave per year - to employees. If you have terminated your employment by retiring, you are no longer an employee, and you would continue your health insurance through COBRA.
Is the employee required to use paid time while on FMLA?
No. FMLA clearly states "Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaidleave during any 12-month period..."
Can an employer terminate an at will employee for exercising medical leave?
Yes an employer can terminate an employee if the employee is abusing medical leave. However, if the employee is using FMLA, then they are likely protected.
Can an employer disapprove fmla?
FMLA is a federal law to provide for employees who are expecting children or have newborn children. There are specific criteria required for an employee to be protected by FLMA, including length of employment. If the employee does not fit within the criteria, an employer may disapprove FMLA.
Does FMLA cover a sick father?
Yes, the Family and Medical Leave Act (FMLA) can cover a sick father, but the specifics depend on the situation. If the father has a serious health condition that qualifies under FMLA, an eligible employee can take leave to care for him. Additionally, the employee must meet FMLA eligibility requirements, including having worked for the employer for at least 12 months and having at least 1,250 hours of service in the past year.
Do employers have the right to file for fmla with out employees consent?
No one "files for" FMLA with some agency - it is a unilateral grant from the employer. Once the employer has enough info to know whether the employee qualifies or does not qualify for FMLA, the employer MUST issue a letter announcing whether it it granting or denying FMLA. EMployees need not request FMLA to get it, but must comply with employer demands for medical certification.
Can an employer deny an employees fmla for non-elective surgery?
Yes, an employer can deny an employee's FMLA request for non-elective surgery if the employee does not meet the eligibility criteria set by the Family and Medical Leave Act (FMLA), such as having worked for the employer for at least 12 months and having at least 1,250 hours of service in the past year. Additionally, the employer may deny the request if the surgery does not qualify as a serious health condition under FMLA regulations. However, if the surgery meets the criteria and the employee is eligible, the employer must grant the leave.
How does an employee qualify for and receive paid leave under fmla?
To qualify for paid leave under the Family and Medical Leave Act (FMLA), an employee must work for a covered employer, have at least 1,250 hours of service in the past 12 months, and have been employed for at least 12 months. Employees can take FMLA leave for specific family and medical reasons, such as the birth of a child or a serious health condition. While FMLA itself does not provide paid leave, eligible employees may use accrued paid leave, such as sick or vacation days, during their FMLA leave. Employers are required to inform employees of their rights and obligations under FMLA upon request.
While on fmla can an employee backup and receive money for the days he or she missed because of sickness?
Do not understand what the phrase "backup" is referring to. However - FMLA guarantees that you will be able to collect the pay you may have coming to you (via accrued vacation/comp time/sick leave), and guarantees your position, for the length of the FMLA absence.
When an employee goes on Family Medical Leave is there a waiting period in order for the employee to receive a paycheck?
An employee on FMLA leave is EMPLOYED and on the payroll. The leave may ne paid or unpaid, as the employee wishes, and paychecks come as often as other payroll employees.
